Ronald McDonald House Charities of San Diego, Inc. (RMHC-SD), a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code, is conducting this raffle pursuant to California Penal Code Section 320.5, et seq., to raise funds for ongoing charitable purposes. The Rules and Regulations of the RMHC-SD raffle are set forth below. By purchasing a raffle ticket the purchaser agrees to be bound by these rules and regulations. RMHC-SD’s interpretation and application of the rules and regulations shall be final.
The Grand Prize Drawing for the grand prize (a single family residence located in San Diego, California), as well as other prizes will be conducted by Ronald McDonald House Charities of San Diego on Monday, April 29, 2019, subject to rescheduling, as more particularly described below. Tickets will not be sold after 11:59 p.m. Pacific Time on April 12, 2019. Tickets may sell out before that time. An independent raffle auditor will supervise the drawing. Winners do not need to be present to win.
Up to a maximum of only 50,000 tickets will be sold. The chances of winning are based on that number. If fewer tickets are sold, your chances of winning the grand prize and other prizes improve. The IRS has taken the position that amounts paid for chances in raffles, lotteries or similar drawings for valuable prizes are not gifts, and consequently do not qualify as deductible charitable contributions.
If the grand prize winner chooses the house (House) as his or her prize, the grand prize winner assumes all fees, local, state and federal taxes (including, but not limited to, income taxes based on the value of the House), financing costs (including, but not limited to, closing costs, title insurance, and transfer tax and fees) which must be paid when the House is transferred to the winner. Likewise, there are federal taxes and there may be state and/or local tax consequences if the winner selects the alternate annuity or cash prizes. (See Prizes section below.) These consequences may apply to other prizes as well. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply.
BY ENTERING THIS RAFFLE, ENTRANTS ACCEPT AND AGREE (1) TO BE BOUND BY ALL THE RULES, LIMITATIONS AND RESTRICTIONS SET FORTH HERE; AND (2) THAT THEIR NAMES AND/OR LIKENESSES MAY BE DISCLOSED TO AND USED BY THE NEWS MEDIA AND MAY OTHERWISE BE USED BY RMHC-SD FOR PUBLICITY PURPOSES AND IN LISTS OF PRIZE WINNERS TO BE PUBLISHED IN NEWSPAPERS AND ANNOUNCED ON THE RMHC-SD RAFFLE WEBSITE. OTHER RULES AND REGULATIONS MAY APPLY. PLEASE CONTACT RMHC-SD IF YOU HAVE ANY QUESTIONS. RMHC-SD’S INTERPRETATION AND APPLICATION OF THE RULES AND REGULATIONS SHALL BE FINAL.
BY ENTERING THIS RAFFLE, EACH PARTICIPANT RELEASES RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND CAUSED BY PARTICIPATING IN THE RAFFLE OR WINNING ANY PRIZE OR RESULTING FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, AND EACH WINNER AGREES TO INDEMNIFY AND HOLD RMHC-SD HARMLESS FROM ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF PARTICIPATING IN THE RAFFLE OR THE WINNER’S ACCEPTANCE OR USE OF ANY PRIZE.
FURTHER, EACH PARTICIPANT HEREBY WAIVES THE PROVISIONS OF CIVIL CODE SECTION 1542 WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”. CERTAIN PRIZE WINNERS, INCLUDING BUT NOT LIMITED TO, THE GRAND PRIZE WINNER, WILL BE REQUIRED TO SIGN A WRITTEN AGREEMENT CONFIRMING THE ABOVE-DESCRIBED RELEASE AND WAIVER AS A CONDITION TO RECEIVING SUCH PRIZE(S).
Single raffle tickets are $150 each. Discounted, multi-ticket packs will be sold at the following prices: 3-packs consisting of three (3) raffle tickets are $400 and 5-packs consisting of five (5) raffle tickets are $550. Only one method of payment, one name, and one mailing address are permitted per raffle ticket or raffle ticket pack. Only one eligible person may be entered in the raffle per raffle ticket or raffle ticket pack sold. If the name of more than one person is submitted with a raffle ticket or raffle ticket pack purchase, and that raffle ticket or a raffle ticket from that raffle ticket pack is selected as a winning raffle ticket, then the person named first will be deemed the holder of record of that ticket and declared the winner. Division of prize by a group purchasing a raffle ticket in common shall be the sole responsibility of the person named as the holder of record of that raffle ticket, should that raffle ticket be selected as a winner.
RMHC-SD reserves the right to reject any entry form that is submitted with payment that does not constitute “good funds.” All defective or physically altered entry forms will be immediately disqualified by RMHC-SD. Prior to the Grand Prize Drawing, RMHC-SD will make a reasonable effort to notify any individual who submits a rejected entry form or one which has been rejected because the credit card or check did not clear. RMHC-SD will attempt to make contact through the information provided at the time of submitting the purchase request. RMHC-SD assumes no responsibility for lost, late, misdirected or non-delivered courier service mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
A RAFFLE PARTICIPANT'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH BY RMHC-SD SHALL BE LIMITED TO THE RETURN OF THE PURCHASE PRICE PAID FOR HIS OR HER RAFFLE TICKET(S). IN NO EVENT SHALL RMHC-SD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO ANY PARTY FOR ANY LOSS OR INJURIES TO EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
An individual can purchase as many tickets or ticket packs as he or she may wish, subject to availability.
Any eligible individual may purchase as many tickets or ticket packs as he or she may wish, subject to availability.
You may purchase tickets or ticket packs one of four ways. (1)print the order form provided at www.sdraffle.com and fax the order form to 619-916-3892. (2) You may call 888-824-9939 to place an order by phone, providing your name, address, phone number along with your credit card number, credit card security code and expiration date. All major credit cards are accepted. (3) You may purchase tickets in-person at Ronald McDonald House Charities of San Diego, located at 2929 Children’s Way, San Diego, CA 92123, between 8:00 a.m. - 8:00 p.m. local time. (4) To enter by mail, send your order form via non-USPS courier service to RMHCSD Dream House Raffle, 2929 Children’s Way, San Diego, CA 92123. Raffle entries should not be mailed by United States Postal Service (USPS) mail and must be sent from within the state of California. Tickets cannot be purchased on the raffle website or by email. Any entry form submitted by email will be rejected. All entries must include payment by check, cashier’s check, money order, cash or credit card.. No refunds will be made except under the following circumstances: a ticket order with payment received after 50,000 raffle tickets have been sold or a ticket order with payment is received after April 12, 2019. No other refunds are available except at the exclusive discretion of RMHC-SD. RMHC-SD assumes no responsibility for lost, late, misdirected or non-delivered courier mail or fax messages, or any other failure to receive orders or deliver receipts prior to the drawing deadlines.
The Ronald McDonald House Charities of San Diego Dream House Raffle Grand Prize Drawing will be held on April 29, 2019 from all eligible raffle tickets. Winners need not be present to win. The Grand Prize Drawing will be held under the supervision of an independent auditor. RMHC-SD anticipates working with local broadcast partners to conduct the Grand Prize Drawing live on television, radio, or internet. The list of winners will be posted on www.sdraffle.com and may also be obtained from RMHC-SD by sending a self-addressed, stamped envelope to RMHCSD Dream House Raffle, 2929 Children’s Way, San Diego, CA 92123 within 30 days of the drawings.
Winners will be notified according to the contact information provided to RMHC-SD at the time of ticket purchase. If the grand prize winner cannot be located by 5:00 p.m. Pacific Time on May 6, 2019, after RMHC-SD has attempted to contact him or her through the information provided at the time of purchasing the ticket, the winner will be deemed to have elected the respective one-time cash alternate prize and another winner will not be selected for such prize.
In order to collect his or her prize, a ticket winner may be required to sign and deliver to RMHC-SD: (a) a sworn affidavit of eligibility in accordance with these Rules and applicable law, including, without limitation, that he or she is at least 18 years old; (b) such written information as is required by any applicable tax and/or real estate laws, including, without limitation, his or her Social Security Number; and (c) proof of identity in forms satisfactory to the RMHC-SD showing that the person claiming the prize is the same person who is named on the winning raffle ticket. The official ticket stub is not required to claim a prize and is not a substitute for proof of identification. If you wish to have your ticket stub(s) sent to you, please submit your request to email@example.com or pick up the official stub(s) in person at Ronald McDonald House Charities of San Diego, 2929 Children’s Way, San Diego CA 92123, no earlier than four weeks after your purchase. Please note that the ticket stub(s) will be shipped via FedEX or United Parcel Service (UPS) and must be sent to a home or business address in California (P.O. Boxes not accepted). Winners of prizes valued at $1,500 or more may be required to submit a W-2G, Form 5754 or similar tax form for tax withholding purposes.
1,000 prizes will be awarded in the Grand Prize Drawing with approximately 1 in 50 chances to win a prize. In the Grand Prize Drawing, the odds of winning a prize will depend on the number of tickets sold. If all 50,000 tickets are sold the odds of winning the grand prize is 1 in 50,000.
The raffle is open to any individual who is 18 years of age or older and a California resident or a person in the state of California at the time of ticket purchase. RMHC-SD employees, members of the Board of Trustees, authorized agents and employees thereof, consultants, attorneys, independent accountant firm, and their spouses and children living in the same household are excluded from participating and are not eligible to win a prize. All federal, state, and local laws and regulations apply. The raffle is void where prohibited or restricted by law. An affidavit of eligibility may be required of prize winners.
The grand prize is the House located in San Diego, CA, as referred to in all raffle materials and on www.sdraffle.com. Alternatively, the grand prize winner may elect to receive an annuity of $2,100,000 paid over 20 years or a one-time $1,300,000 cash payment. The grand prize winner must make the prize selection in writing, choosing between the House, the annuity or the one-time cash payment no later than 5:00 p.m. Pacific Time on May 6, 2019. At the option of RMHC-SD, the drawing date for the grand prize may take place earlier if all raffle tickets have been sold.
All vehicles come base model factory equipped and winners assume all fees, local, state and federal taxes (including, but not limited to, income taxes and sales taxes based on the value of the car), winners’ respective financing costs, if applicable, and license fees. Likewise, there are federal taxes and there may be state and/or local tax consequences if a winner selects the alternate cash prize. These consequences may apply to other prizes as well. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor. This offer is void where prohibited by law, and all federal, state and local laws and regulations apply. All winners of prizes that include a vehicle option must make a prize election in writing no later than 5:00 p.m. Pacific Time on May 6, 2019. If no selection is made by the winner, the prize will become the cash alternative. All vehicles are subject to availability at the automobile dealer selected by RMHC-SD and may be substituted with a comparable vehicle or with the cash alternate prize.
Vacation travel prizes are as described on the RMHC-SD raffle website. Travel is transferrable. Travel must be used by the specific deadline established for the respective vacation package. All taxes are the responsibility of the winner. Gratuities and fees are the responsibility of the winner unless otherwise noted. Winners of travel-related prizes must comply with all applicable requirements and restrictions related to said prizes including without limitation applicable travel dates, age restrictions, liability waivers, travel documentation and reservation and confirmation procedures. All vacations are subject to availability and may be substituted with a comparable vacation prize or specified cash alternative – see prize description below for more details.
The following drawings and prizes are subject to the same rules and regulations set forth above for the Grand Prize Drawing unless stated otherwise.
The House, if selected, will be transferred to the grand prize winner “AS IS, WHERE IS, AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE HOUSE AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE HOUSE. RMHC-SD DOES NOT WARRANT THAT THE HOUSE IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
Any prize vehicle, if selected, will be transferred to the winner “AS IS, WHERE IS AND WITH ALL FAULTS”. RMHC-SD DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE VEHICLE MANUFACTURER AND ACCEPTS NO LIABILITY OR RESPONSIBILITY REGARDING THE CONSTRUCTION OR CONDITION OF THE VEHICLE. NO EXPRESS WARRANTIES ARE GIVEN AND NO AFFIRMATION OF RMHC-SD BY WORDS AND/OR ACTIONS WILL CONSTITUTE A WARRANTY.
At the time of closing, the balance of all federal and state income taxes and sales tax based on the prize value will be due from the winners, including the grand prize winner. Cash prizes valued at more than $1,500 are subject to all tax withholdings as required by federal and state law, and RMHC-SD will remit the balance of the cash prize to the winner. RMHC-SD makes no guarantee that the Internal Revenue Service (IRS) will accept that value of vehicles, vacations, or other prizes for the purpose of determining any income tax that may be due from winners. RMHC-SD makes no guarantee that the grand prize winner will be able to sell the House for a particular value, nor is there any guarantee that the Internal Revenue Service (IRS) will accept that value of the House for the purpose of determining any income tax that may be due from the winner. RMHC-SD takes no responsibility for prize winners’ tax liabilities. Consult your tax advisor.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (PURSUANT TO ITS EXPEDITED PROCEDURES) UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
By purchasing a raffle ticket and choosing to participate in the raffle, each raffle participant acknowledges and agrees that RMHC-SD has the right, in its sole discretion, to elect not to proceed with the raffle for any reason whatsoever or for no reason, and in such event, a participant's sole and exclusive remedy shall be to receive a refund of the full price paid by such participant for each raffle ticket purchased, without interest.
By letter from the Attorney General’s office, Ronald McDonald House Charities® of San Diego, Inc. has registered with the Department of Justice under Raffle Registration Number R-4009 and is authorized to conduct raffles in California pursuant to the provisions of Penal Code section 320.5 for the raffle period which begins September 1, 2018 and ends August 31, 2019. Registration does not imply endorsement.